USA v. Geovani Alexander Sales, No. 12-13403 (11th Cir. 2013)

Annotate this Case

Download PDF

Case: 12-13403 Date Filed: 06/06/2013 Page: 1 of 4 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-13403 Non-Argument Calendar ________________________ D.C. Docket No. 2:11-cr-14054-JEM-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus GEOVANI ALEXANDER SALES, a.k.a. Geovani Alexander Sales-Velasquez, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (June 6, 2013) Before TJOFLAT, PRYOR and BLACK, Circuit Judges. PER CURIAM: Case: 12-13403 Date Filed: 06/06/2013 Page: 2 of 4 Geovani Alexander Sales appeals his 97-month total prison sentence imposed after he pled guilty to conspiracy to commit robbery, in violation of 18 U.S.C. § 1951(a); carrying and possessing a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A), (o); and illegal reentry into the United States, in violation of 8 U.S.C. § 1326(a)(1), (b)(1). Sales contends the district court erred in applying a two-level aggravating-role enhancement, pursuant to U.S.S.G. § 3B1.1(c), because the facts are insufficient to support the enhancement. Section 3B1.1(c) provides a two-level increase [i]f the defendant was an organizer, leader, manager, or supervisor in any criminal activity that involved fewer than five participants or was not otherwise extensive within the meaning of § 3B1.1(a) and (b). U.S.S.G. § 3B1.1(c). A defendant s assertion of control over only one other participant is sufficient to sustain a § 3B1.1(c) role enhancement. Id. § 3B1.1, comment. (n.2); United States v. Mandhai, 375 F.3d 1243, 1248 (11th Cir. 2004). A participant is a person who is criminally responsible for the offense, even if not convicted. U.S.S.G. § 3B1.1, comment. (n.1). In Mandhai, we determined that the district court properly applied a § 3B1.1(c) enhancement where the defendant recruited one other individual into a terrorist plot, prompted that individual to purchase weapons, and briefed him on the bombing plan. Mandhai, 375 F.3d at 1248. 2 Case: 12-13403 Date Filed: 06/06/2013 Page: 3 of 4 Additionally, the commentary to § 3B1.1 sets out several factors for courts to consider in determining if one is an organizer or leader, as opposed to a mere manager or supervisor, including the following: (1) the defendant s exercise of decision making authority; (2) recruiting accomplices; (3) the claimed right to a larger share of the proceeds; (4) the degree of participation in planning or organizing the crime; and (5) the degree of control and authority exercised over others. U.S.S.G. § 3B1.1, comment. (n.4). Sufficient facts support the district court s application of the § 3B1.1(c) aggravating-role enhancement. 1 Sales, along with one other participant, organized and planned the robbery. Sales recruited a third co-conspirator. Similar to the defendant in Mandhai, who exercised control or influence over a recruit by prompting him to buy a weapon and briefing him on the bombing plot, Sales discussed the robbery with his recruit and directed him where and when to drive. See Mandhai, 375 F.3d at 1248. Additionally, Sales decided how to compensate each participant from the robbery s proceeds and planned to keep the bulk of the 1 While Sales contends the Government did not prove the facts relied on for the enhancement with reliable and specific evidence, see United States v. Cataldo, 171 F.3d 1316, 1321 (11th Cir. 1999), Sales admitted the facts as set forth in the PSI at sentencing. See Sentencing Transcript at 4-5. Thus, the facts were undisputed and met the reliable and specific evidence standard. 3 Case: 12-13403 Date Filed: 06/06/2013 Page: 4 of 4 proceeds for himself. Accordingly, the district court did not clearly err 2 in determining that Sales was subject to an aggravating-role enhancement under § 3B1.1(c). We affirm Sales total sentence. AFFIRMED. 2 We review for clear error the district court s determination that a defendant is subject to an aggravating-role enhancement under § 3B1.1(c). United States v. Jiminez, 224 F.3d 1243, 1250-51 (11th Cir. 2000). 4

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.